Article written by Jarrod Van Der Heever, Candidate Attorney, checked and released by Gary Baruchowitz, Partner at Schindlers Attorneys 30 August 2021 Background In the above matter, David Mashengwana (“the Applicant”) applied to the Limpopo High Court (“the Court”) for the voluntary surrender of his estate in terms of section 3(1) of the Insolvency Act
Article written by Jarrod Van Der Heever, Candidate Attorney, checked and released by Justin Sloane, Partner at Schindlers Attorneys 30 August 2021 BackgroundThe above matter was referred to the Limpopo High Court (“the Court”) for review by the Head of District Molemole Magistrates Court (“the Molemole Magistrates’ Court”), in terms of section 173 of the
A Summary of the Requirements to process Personal Information Article written by Jarrod van der Heever, Candidate Attorney, checked and released by Justin Sloane, Partner at Schindlers Attorneys 04 June 2021 Introduction The Protection of Personal Information 4 of 2013 (“POPIA”) seeks to regulate the manner in which personal information is processed. Chapter 3 (sections
Case summary written by Jarrod Van Der Heever and checked by Courtney Altmuner.                                           26 March 2021 Background The case at hand came before the High Court of South Africa Eastern Cape Division, Bhisho (“the Court”) involves an application for summary judgment by Mariswe (Pty) Ltd (“the Plaintiff”) against The MEC for Roads and Public Works
Case summary written by Jarrod Van Der Heever and checked by Courtney Altmuner. Background The Minister of Police (“the Applicant”) brought an Application in the Pretoria High Court (“the Court”) against the Sheriff Pretoria Central (“the First Respondent”) and three others (collectively referred to hereinafter as “the Respondents”) for an order that costs be unreserved
Case summary written by Jarrod Van Der Heever and checked by Stefan Bezuidenhout. 17 December 2020 Background Xolani Khomo (“the Accused”) pleaded guilty to murder. The provisions of section 51(2) and Part 2 of Schedule 2 of the Criminal Procedure Act (“the Act”) were applicable to the charge in terms of which the Accused, being
Case summary was written by Jarrod Van Der Heever and checked by Kirsten Chetty. 03 December 2020 Background: Sanele Samuel Mngomezulu (“the Appellant”) was brought before the Sebokeng Regional Court, together with four others, on a charge of murder read with section 51(1) of the Criminal Law Amendment Act 105 of 1997 (“the CLAA”). The
REPUBLIC OF SOUTH AFRICA IN THE HIGH COURT OF SOUTH AFRICA, GAUTENG LOCAL DIVISION, JOHANNESBURG CASE NO: 6986/2017
By Justin Sloane (Partner) and Jarrod Van Der Heever (Candidate Attorney) 1. Introduction Mistakes happen – this is a part of life. However, certain mistakes are accompanied with far-reaching consequences. Individuals often seek to avoid criminal convictions due to their negative consequences. However, just because you have a criminal record does not mean that you
By Jarrod Van Der Heever and checked by Danmari Duguid Background An extradition agreement exists between South Africa and the Kingdom of eSwatini (“the Kingdom”). In accordance with the agreement, authorities of the Kingdom requested that Senzo Motsa (“the Applicant”), be surrendered to them in order to face several charges, including a charge of murder.